PART 2General powers and provisions
Failure to comply with rules etc.7
1
An irregularity resulting from a failure to comply with any requirement in these Rules, a practice direction or a direction, does not of itself render void the proceedings or any step taken in the proceedings.
2
If a party has failed to comply with a requirement in these Rules, a practice direction or a direction, the Upper Tribunal may take such action as it considers just, which may include—
a
waiving the requirement;
b
requiring the failure to be remedied;
c
exercising its power under rule 8 (striking out a party's case); or
d
except in F1a mental health case, an asylum case or an immigration case, restricting a party's participation in the proceedings.
3
Paragraph (4) applies where the First-tier Tribunal has referred to the Upper Tribunal a failure by a person to comply with a requirement imposed by the First-tier Tribunal—
a
to attend at any place for the purpose of giving evidence;
b
otherwise to make themselves available to give evidence;
c
to swear an oath in connection with the giving of evidence;
d
to give evidence as a witness;
e
to produce a document; or
f
to facilitate the inspection of a document or any other thing (including any premises).
4
The Upper Tribunal may exercise its power under section 25 of the 2007 Act (supplementary powers of the Upper Tribunal) in relation to such non-compliance as if the requirement had been imposed by the Upper Tribunal.